Minutes | Filed: September 23, 2026
| Entered: September 23, 2026
Nagi v. Akleh
Motor Vehicle | New York Eastern
Initial Conference Hearing
Minute entry for proceedings held before Magistrate Judge Clay H. Kaminsky: An initial conference was held in person on September 23, 2026. Lonny Levitz appeared on behalf of plaintiff. Pierinna Servat appeared on behalf of defendant. During a discussion of removal and subject-matter jurisdiction, Plaintiff's counsel represented that the amount in controversy exceeds $75,000 and that Plaintiff had made a settlement demand in excess of that about prior to removal. Thus, the action is properly before this Court. See, e.g., Yoong Qin Luo v. Mikel, 625 F.3d 772, 775-76 (2d Cir. 2010). Following a discussion of the EDNY Direct Assignment Program and the parties' proposed discovery plan, the Court set the below deadlines.
By September 30, 2026, pursuant to the EDNY Direct Assignment Program, the parties must review and file by ECF either a Consent to Magistrate Judge Jurisdiction form, if all parties consent, or, if not all parties consent, a Direct Assignment Program Acknowledgement form that confirms that they have conferred with each other and their respective clients regarding the option to consent to Magistrate Judge jurisdiction over this case. Both forms are available on the EDNY Direct Assignment Program webpage: https://www.nyed.uscourts.gov/bulletin-direct-assignment-program. The parties are encouraged to consent to Magistrate Judge jurisdiction for all purposes going forward, but they may withhold consent without any adverse substantive consequences. A District Judge will be assigned to this case at random in the absence of unanimous consent to Magistrate Judge jurisdiction.
The parties shall serve initial interrogatories and requests for production by October 1 2026. Any subsequent written discovery request must be served at least 30 days before the close of fact discovery.
Defendants shall make any application with respect to an ESI protocol, if necessary, by October 15, 2026.
No amendment of the pleadings (except as of right) or joinder of additional parties will be permitted after December 17, 2026. Any later motion to amend or join must meet the good cause requirement of Rule 16(b).
Fact discovery shall be completed by March 31, 2027.
The parties shall make required Rule 26(a)(2) disclosures for affirmative expert witnesses on or before May 3, 2027, and for rebuttal expert witnesses on or before June 3, 2027 and all expert discovery must be completed by July 30, 2027.
The deadline to take the first step in dispositive motion practice shall be August 30, 2027.
No extension of the above deadlines will be granted except upon a motion, filed prior to the deadline and consistent with Judge Kaminsky's Individual Practices and Rules, showing good cause for the extension. The parties are reminded that "a finding of 'good cause' depends on the diligence of the moving party." Parker v. Columbia Pictures Industries, 204 F.3d 326, 340 (2d Cir. 2000).
(FTR Log # 12:29 p.m. - 12:49 p.m.) (STH)